Opinion
A23D0231
02-15-2023
MARK VAUGHN v. U.S. BANK TRUST, N. A. AS TRUSTEE FOR LSFA MASTER PARTICIPATION TRUST.
The Court of Appeals hereby passes the following order:
Plaintiff U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, filed a petition for declaratory judgment and equitable relief seeking to remove a forged security deed from the chain of title to certain property. The complaint named several defendants, including "all unknown individuals claiming to possess an interest in the real property" at issue. The trial court granted the plaintiff's motion for summary judgment, finding that the plaintiff was the true and lawful legal owner of the real property. Mark Vaughn, a tenant at the property, filed this application for discretionary appeal.
Based upon the limited information provided with the discretionary application, it is unclear what, if any, right Vaughn may be able to vindicate on appeal. But since Vaughn may have been aggrieved by the trial court's ruling, it appears he has standing to appeal. See BEA Sys., Inc. v. WebMethods, Inc., 265 Ga.App. 503, 508 (1) (595 S.E.2d 87) (2004).
Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or as to any party is reviewable by direct appeal. Olympic Dev. Group v. American Druggists' Ins. Co., 175 Ga.App. 425, 425 (1) (333 S.E.2d 622) (1985). Thus, the order that Vaughn seeks to appeal is directly appealable and not subject to the discretionary application requirements.
We will grant a timely discretionary application if the trial court's order is subject to direct appeal. See OCGA § 5-6-35 (j); see also Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003). Accordingly, this application is hereby GRANTED. Vaughn shall have ten days from the date of this order to file a notice of appeal with the trial court, if he has not already done so. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.